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Wednesday, November 15, 2006

Duke Hoax: Judge 'Oz' Smith the Potted Plant?


Greta Van Susteren spent 10+ minutes discussing the Duke rape hoax, Tuesday night (10 p.m.), on her Fox News show, On The Record. Her guests were Bernie Grimm, Geoff Fieger, Ted Williams, and Pam Bondi. They discussed the new revelations from Yolanda Haynes regarding the behavior of the alleged victim at the Platinum Club on March 11th, two days before the lacrosse party.

Some comments from the show:

Geoff Fieger: This is beyond prosecutorial misconduct. This is somebody who had no business doing what he did and refuses to admit he's wrong. And that promotes disrespect of the law, Greta. I know you're a big proponent for respect of the law. And I can't perceive that Nifong could continue to go along this path and threaten these young men, in effect, ruin their lives, as we've all seen, under the circumstances that have been shown to exist here.

Greta: ...it (Nifong's prosecution) seems egregious. And I'm trying to think of a reason, you know, to defend Nifong, but it's egregious, what we see.

Bernie Grimm: ...the fact that they're probably factually innocent, you send this case to a jury, all three people could be convicted. There's no doubt in my mind. (Note: Bernie Grimm practices in Washington, D.C. - he may know something.)

Pam Bondi: This is going to go to trial, or the prosecutor is going to have to dismiss it or drop the case.

Pam Bondi: Hey, right now, really, the community should move for a recall. I think that...

Greta: RECALL? They just elected him last week!

Greta: ...what in the world is the judge doing? The judge has had motions for discovery. He's not a potted plant. Why doesn't he order the parties to court and start litigating these motions and move this case?
Greta also wondered where the NC state bar was, she said, "it's stunning to me that the bar in North Carolina isn't speaking at little louder." Will there be any sanctions against Nifong?

And what about the judge? Is Judge 'Oz' Smith a potted plant?

Superior Court Judge W. Osmond Smith III a/k/a OzJudge W. Osmond Smith III is the third judge to handle the Duke lacrosse case. He follows judges Stephens and Titus. Smith was assigned the case in August. Greta believes that if Judge Smith started acting on defense motions before him the case could be quickly resolved.

So exactly how many outstanding defense motions, regarding the Duke case, are currently before Judge W. Osmond Smith III?

Regarding the MOTION FOR BILL OF PARTICULARS, dated June 21, 2006
judge [Smith] specifically granted defense leave to refile its [bill of particulars] motion. While accepting Nifong’s argument "that such specificity was not required" at this time, Smith did not rule out revisiting his decision and eventually holding that "such specificity" would be required in the "pretrial sage." KC Johnson
Kirk Osborn has filed numerous motions in this case. How many of his motions, plus motions from the other two defendants, are still pending?

Greta's Legal Panel on Duke Rape Case - transcript, Nov 14th, Fox News

Duke Rape Case Saga - FoxNews.com
On The Record with Greta Van Susteren - transcript, Nov. 8, 2006, LieStoppers

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